Davis v. Walmart Incorporated, et al

Filing 3

ORDER/NOTICE to plaintiff that further frivolous filings may result in the imposition of a Pre-Filing Review System.. Signed by Senior Judge Graham Mullen on 9/15/2021. (Pro se litigant served by US Mail.)(eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:21-CV-00474-GCM
ANDRE ANTONIO DAVIS,
Plaintiff,
v.

ORDER

WALMART INCORPORATED
WALMART STORE #5085
WALMART STORE #5298
WALMART HEADQUARTERS
WALMART STORE #1385,
Defendants.

THIS MATTER comes before the Court on its own motion. The Court has reviewed
Plaintiff’s complaint in this matter (ECF No. 1), which it will dismiss as frivolous by separate
order. THIS ORDER SERVES AS NOTICE THAT FURTHER FRIVOLOUS FILINGS
MAY RESULT IN THE IMPOSITION OF A PRE-FILING REVIEW SYSTEM.
A pre-filing review system is not a sanction which is imposed lightly. Haggins v. Graham,
Civil Case No. 3:21-cv-00340, 2021 U.S. Dist. LEXIS 138243, at *8 (W.D.N.C. July 26, 2021)
(Reidinger, C.J.). When such a system is imposed, all documents submitted by the plaintiff in the
future, whether in this case or in any other action filed in this District, are pre-screened by the
Court for content. Any proposed filings not made in good faith or which lack substance or merit
would be returned to the plaintiff without further explanation. See Vandyke v. Francis, Civil Action
No. 1:12-cv-128-RJC, 2012 WL 257646, at *2 (W.D.N.C. July 3, 2012). Should the Court
receive another frivolous filing from Plaintiff, the Court will issue an order to show cause
why a pre-filing system should not be imposed.

Case 3:21-cv-00474-GCM Document 3 Filed 09/15/21 Page 1 of 2

IT IS THEREFORE ORDERED THAT:
1. Plaintiff is ADVISED that further frivolous filings without a basis in law or fact may result
in the imposition of a pre-filing review system;
2. The Clerk is directed to NOTIFY the Court of further filings by Plaintiff.
SO ORDERED.

Signed: September 15, 2021

Case 3:21-cv-00474-GCM Document 3 Filed 09/15/21 Page 2 of 2